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Home My WebLink AboutMINUTES - 12021997 - D8 To: BOARD OF SUPERVISORS Contra C l FROM: Supervisor Donna Gerber 5 Costa County DATE: December 2, 1997 SUBJECT: PROCEDURE TO FACILITATE COMPLIANCE WITH THE GOOD NEIGHBOR ORDINANCE MCIFIC REOUEST(S)OR RECOMMENDATIONS)a BACKGROUND AND JUSTIFICATION Recommendation: 1. That the Community Development Department work with the refineries (TOSCO Rodeo & Concord and Shell) to set up a procedure to process permits under the Good Neighborordinance; and 2. That a public hearing on this process be held in 60 days in order to insure that industry and the public at-large understand the permit process. Background: Recently, a letter was submitted to the Community Development Department asking why the County was not enforcing the Good Neighbor Ordinance in light of three projects which were claimed to have been started after the extended deadline of the ordinance (August 10, 1997). Environmental and labor organizations apparently claim that large industrial chemical, toxic and refining plants are avoiding the law by not submitting permits under the new ordinance. They further claim that industry has known about these so called "turn arounds" for years; that they know permits are required; and that industry is stonewalling the County law. On the other hand, industry indicates that the three turn arounds began before the August 10, 1997 effective date and thus do not need permits or to submit anything to the County. Industry has always claimed the the Good Neighbor Ordinance will cause delays in needed maintenance. Unfortunately, the County has not had good experience with industry voluntarily complying with process or procedure as evidenced by the difficulty encountered with regard to timely notification of spills and accidents. CONTINUED ON ATTACHMENT: X YES SIONATUJRE: -RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER BIONATURE(S): ACTION OF BOARD ON December 2. 1997 APPROVED AS RECOMMENDED X OTHER X Please see Addendum (Attached) for a list of speakers and additional Board Action. fDTE OF SUPERVISORS 1 HERESY CERTIFY THAT THIS 4 A TRUE X UNANIMOUS(ABSENT- -------------- AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ASSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. x: Community Development Director ATTESTED Dece r 2 1997 IL SA OR.CLERK OF THE BOARD OF 1 RS AND COUNTY 1 ATO Y A382 (1088) Christine Vaffipler D.8 ADDENDUM Item D.8 December 2, 1997 Supervisor Gerber introduced this item and Dennis Barry, Interim Community Development Director, responded to questions from the Board relative to establishing protocols for processing permits under the Good Neighbor Ordinance. Chairman DeSaulnier invited the public to comment on the issues and the following persons spoke: Greg Feere, Contra Costa Building Trades Council, 935 Alhambra Avenue, Martinez; Doyle Williams, Local #342 Plumbers and Pipefitters, 1026 Crystal Court, Walnut Creek; Tom Adams, Contra Costa Building Trades Council, 651 Gateway #900, South San Francisco; Denny Larson, Communities for a Better Environment (CBE) and Regional Accident Prevention (RAP) Coalition, 500 Howard Street #506, San Francisco; Tom Baca, Boilermakers Union Representative, 213 Midway Drive, Martinez; and Marj Leeds, Shell Refinery Representative, 4721 Pleasant Hill Road E., Martinez. All persons desiring to speak having been heard, the Board further discussed the issues and took the following action: 1. DIRECTED that the Community Development Director continue the current process, as well as, work with the refineries (TOSCO Rodeo & Concord and Shell) and other involved parties to design a procedure to process permits under the Good Neighbor Ordinance No. 96-50; 2. DIRECTED that the Community Development Director schedule a public hearing within 60 days to insure that industry and the public at-large understand the permit process; and 3. REQUESTED that the Community Development Director report to the Board on December 9, 1997, regarding an estimate of pending projects which are anticipated to be governed by the Good Neighbor Ordinance. Good Neighbor Ordinance Permit Process Procedure Recommendation (Continued) December 2, 1997 It is incumbent on the Board to get to the bottom of this matter. Safety is the primary concern that we have in regulating an industry which handles tons of toxic chemicals. It is important, also, that industry follows the law and that the public can be assured that the Board is enforcing the law and acting openly with its review process. In support of the above recommendations, the following items need to be considered: 1. The Community Development Department should meet with industry and look at the current turn arounds to see if they fall within the Good Neighbor Ordinance and report to the Board in 60 days. 2. In order to avoid future staff time wasted on investigations, ask industry to submit to the Community Development Department the schedules for shut downturn around maintenance projects which fall under the ordinance (value above $1,000,000) and which will be occurring in the next three years. 3. Advise industry of the estimated time needed to process the permits for these projects so that the County will not be put in a position to cause any delay to industry in processing their permits under the ordinance. t! November 11, 1997 VLA FACSEM= Dennis Barry Director Department of Community Development 651 Fine Street,4*b FU.,North Wing Martinez, CA 94553-0095 Re: Good Neighbor Ordinance Dear 3 r Barry: We are concoxned that the refineries in Contra Costa County are proceeding with major maintenance projects in violation of the Qood Neighbor Ordinance, and we request your immediate investigation of these matters. The failure of the refineries to comply with the Good Neighbor Ordinance could jeopardize the public health and safety. As you know, the refineries sued to stop implementation of the Good Neighbor Ordinance and failed. Now they seem prepared to flout the requirements of the law. We ask that the Ordinance be immediately and fully enforced. The following major maintenance projects appear to be subject to the requirements of the Ordinance, yet the refineries have failed to obtain use permits, as required by the Ordinance,for any of them. ToscoiAyom Tosco is currently conducting a shutdown turnaround on Crude Unit#50,#1 and#2 Feed Prep., and the 05 Boiler. Oil out on these units occurred on approximately November 8, 1997 with oil in scheduled for approximately December 7, 1997. The peak workforce for this project will be about 500 workers. Thus, it is clearly a shutdown turnaround which will cost in excess of one wi Bou dollars and which will last for more than two weeks. Sh&Martini Shell is currently conducting a shutdown turnaround of its Lube Distillation Unit. We do not know the duration or cost of this project, but have been informally advised that they exceed the thresholds of the Ordinance. This Unit is physically removed from the recently completed shutdown of Quad C at Shell and could not be regarded as part of that project. November 11, 1997 Page 2 Tosco Rodeo. Tosco is planning a shutdown turnaround of its Crude Unit #215 and Light Unit#267 with oil out scheduled to occur on December S, 1997 and project completion scheduled for December 23, 1997. This project will require a peak work force of approximately 160 workers. It thus appears that this project will also exceed the thresholds established under the Ordinance. Shad Martinez Shell is planning a largo shutdown turnaround project of its liydrmacker Unit Block to commence on January 23, 1998. A large number of individual units are involved Those units and the dates of the shutdown turnaround work are shown on the attached bar chart which was obtained from Shell. The peak workforce for this shutdown turnaround will be approximately 1100 workers. This project greatly exceeds the minimum thresholds established under the Ordinance. Additionally, this project is physically separated from the recently completed shutdown turnaround in Quad C, and could sot be regarded as part of that project. We request your prompt and full investigation of these matters. We are concerned that the County investigation of SheWs turnaround of Quad C in response to a request from Communities for a Better Environment is still not completed even though that turnaround has been completed. Delay in these investigations only allows the refineries to violate the law with impunity. Very truly yours, Greg Feere Denny Larson Building Trades Council Communities for a Better Environment J DDavid Nesmith trallabos Catutdl Sierra Club,Bay Chapter Co., Mark De Saulnier, Chair Victor Westman